Law Digest

Daily Record, The (Baltimore), Sep 22, 2008

MARYLAND COURT OF APPEALS

Criminal Procedure: Sentencing: Circuit court properly denied criminal defendant's motion for judgment of acquittal where defendant could have been convicted of theft under $500, even though the value of the property he was found to have stolen was under $100. Stubbs v. State, No. 86. RecordFax No. 8-0909-21, 21 pages.

Professional Responsibility: Disbarment: Disbarment was the proper sanction for an attorney who knowingly made false statements to the circuit court and relied on those false and misleading statements in a brief submitted to the Court of Special Appeals. Attorney Grievance Commission v. McClain, Misc. Docket AG No. 23. RecordFax No. 08-0908-20, 19 pages.

Professional Responsibility: Indefinite suspension: Indefinite suspension, with right to apply for reinstatement no sooner than 90 days, was appropriate sanction for founding partners of a Pennsylvania-based law firm that failed to adequately supervise an inexperienced attorney in establishing an office in Maryland. Attorney Grievance Commission v. Silverman and Kimmel, Misc. Docket AG No. 20 and 21. RecordFax No. 8-0902-20, 49 pages.

Professional Responsibility: Reprimand: Attorney reprimanded for depositing personal funds in his trust account. Attorney Grievance Commission v. Taylor, No. 14. RecordFax No. 08-0904-20, 27 pages.

Torts: Products liability: A drug manufacturer did not owe a duty to a victim to warn the driver of a vehicle that struck and killed the victim of the dangers allegedly associated with the drugs the driver was taking. Gourdine v. Crews, No. 134. RecordFax No. 8-0904- 21, 45 pages.

Zoning: Evaluation of application for special exceptions: Standard for evaluating applications for special exceptions did not require applicant to present comparison of the potential adverse effects of proposed use at the proposed location to the potential adverse effects of the proposed use at other locations. People's Counsel for Baltimore County, et al. v. Loyola College in Maryland, No. 137. RecordFax No. 8-0909-22, 65 pages.

MARYLAND COURT OF SPECIAL APPEALS

Civil Procedure: Dismissal of appeal: Court of Special Appeals exercised its discretion, pursuant to Rule 8-602(a), to dismiss appeal where record extract filed by appellant contained pages that were not part of the trial record, and appellate brief failed to include relevant citations supporting arguments. Rollins, et al. v. Capital Plaza Associates, LP, No. 2011. RecordFax No. 8-0904-01, 14 pages.

Civil Procedure: Personal jurisdiction: Plaintiffs made a prima facie case that foreign defendant had contacts in Maryland sufficient to satisfy the personal jurisdiction requirements of CJP [section]6-103 and the Due Process Clause. Taylor, et al. v. CSR Limited, et al., No. 02762. RecordFax No. 8-0909-01, 29 pages.

Civil Rights: Discrimination based upon disability: Allergy to latex was not an impairment substantially limiting major life activity; thus, plaintiff was not disabled under the Americans with Disabilities Act, and circuit court erred in denying defendant's motion for judgment. Shangri-La Limited Partnership v. Meade, No. 1528. RecordFax No. 8-0903-03, 18 pages.

Criminal Law: Duress: Where duress serves as defense to underlying felony, it is also available as defense to felony murder; nevertheless, circuit court properly declined to instruct the jury as to that defense where the evidence did not support such instruction. McMillan v. State, No. 2453, September Term, 2006. RecordFax No. 08-0909-00, 60 pages.

Criminal Procedure: Admissibility of expert testimony: Circuit court did not abuse its discretion in excluding testimony of an expert witness called by murder defendant to testify as to limitations of human memory in eyewitness testimony. Bomas v. State, No. 1720. RecordFax No. 08-0905-01, 15 pages.

Criminal Procedure: Admissibility of juvenile records: Trial court erred by failing to exercise its discretion concerning the admissibility of an agreed statement of facts used in a juvenile witness' delinquency proceeding as it pertained to the juvenile's testimony in a related criminal trial. Samie v. State, No. 894. RecordFax No. 08-0903-00, 17 pages.

Criminal Procedure: Waiver of counsel: Circuit court's failure to advise criminal defendant as to one charge, upon his waiver of counsel, did not require reversal where defendant was not convicted of that charge and was properly advised as to charge of which he was convicted. Brye v. Maryland, No. 01482, September Term, 2006. RecordFax No. 8-0903-02, 23 pages.

Evidence: Prior bad acts: Circuit court properly admitted evidence of defendant's prior sexual assault, where such evidence was not precluded on the ground that defendant was a juvenile when he committed the offense. Thompson v. State, No. 1222, September Term 2006. RecordFax No. 8-0903-01, 33 pages.

Family Law: Alimony: Circuit court's judgment awarding indefinite alimony vacated where it was premised upon clearly erroneous factual findings. Walter v. Walter, No. 2339, September Term 2006. RecordFax No. 8-0905-02, 26 pages.